This article was originally published by Bloomberg.
By Kellie Lunney
Litigation aimed at delaying or halting energy projects would see tougher limits under Republican legislation introduced Tuesday.
The bill would prevent subsequent legal claims against fossil fuel, transmission, and critical mineral energy projects after litigation has been “finally adjudicated on the record by a court of competent jurisdiction,” according to legislative text obtained by Bloomberg Government.
The legislation aims to end lengthy, serial litigation related to domestic energy development, particularly oil and gas projects. Lawmakers of both parties seeking to improve energy permitting have long wanted to overhaul litigation and judicial review of projects.
The measure also curtails the length of time for judicial review of energy projects. It would mandate the filing of legal claims within 150 days of the final agency authorization of the project and require the filing to be from a party that submitted relevant comments on the matter during the public notice period.
The language in the new bill from Sen. Tom Cotton (R-Ark.), who’s leading the effort in the Senate, is similar to provisions in other pending legislation to rein in repeat litigation over projects that prevents them from moving forward—an issue that some Democrats have acknowledged is a problem in the permitting process.
“Activist groups have long weaponized our legal system to attack promising energy projects, filing lawsuit after lawsuit to grind progress to a halt,” said Rep. Troy Balderson (R-Ohio), the House sponsor of the bill. “To unleash American energy, lower costs, and strengthen our energy security, we must restore predictability and common sense to our permitting system,” Balderson said.
Opponents of reducing the length of time to file legal claims against a project argue it disadvantages individuals and groups, including tribes, who have limited resources to push back expeditiously.
“Cutting-edge American energy infrastructure is critical for everything from lowering energy costs to winning the AI race,” Cotton said in a statement. “Unfortunately, these projects often get delayed by frivolous litigation.”
Negotiations to fix permitting have ramped up on Capitol Hill this fall, as demand for affordable and reliable energy increases.
The House Natural Resources Committee in November advanced bipartisan legislation (H.R. 4776) that would streamline the environmental review process for all energy projects.
Read More: Energy Permitting, Speedy Environmental Reviews Advance in House
The bill, which the House is expected to consider before the end of the year, would speed up agency reviews and limit litigation-related timelines under the National Environmental Policy Act, a key law in the federal permitting process.
The legislation from Cotton and Balderson wouldn’t affect legal claims related to energy projects filed by landowners for the fair market value of the property acquired under eminent domain.
Click here to read the original article published by the Washington Examiner.
